Terms & Agreement

Introduction

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

You must be at least 18 years of age to use this website. By using this website and by agreeing to these terms and conditions you warrant and represent that you are at least 18 years of age.

This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to Paper Boat Creative’s use of cookies in accordance with the terms of Paper Boat Creative’s privacy policy.

This website is provided “as is” without any representations or warranties, express or implied. Paper Boat Creative’s makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, Paper Boat Creative’s does not warrant that:

this website will be constantly available, or available at all; or
the information on this website is complete, true, accurate, or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial, or medical matter, you should consult an appropriate professional.

License to use website

Unless otherwise stated, Paper Boat Creative’s and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

republish material from this website (including republication on another website);
sell, rent, or sub-license material from the website;
show any material from the website in public;
reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
edit or otherwise modify any material on the website; or
redistribute material from this website (except for content specifically and expressly made available for redistribution).

Where content is specifically made available for redistribution, it may only be redistributed within your organization.

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish, or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction, and data harvesting) on or in relation to this website without Paper Boat Creative’s express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without Paper Boat Creative’s express written consent.

Restricted access

Paper Boat Creative’s reserves the right to restrict access to other areas of this website, or indeed this entire website, at Paper Boat Creative’s discretion.

If Paper Boat Creative’s provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

Paper Boat Creative’s may disable your user ID and password upon Paper Boat Creative’s sole discretion without notice or explanation.

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material, and audio-visual material) that you submit to this website, for whatever purpose.

You grant to Paper Boat Creative’s worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute your user content in any existing or future media. You also grant to Paper Boat Creative’s right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe on any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Paper Boat Creative’s or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

Paper Boat Creative’s reserves the right to edit or remove any material submitted to this website, or stored on Paper Boat Creative’s servers, or hosted or published upon this website.

Notwithstanding Paper Boat Creative’s rights under these terms and conditions in relation to user content, Paper Boat Creative’s does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

No warranties

Without prejudice to the generality of the foregoing paragraph, Paper Boat Creative’s does not warrant that:

this website will be constantly available, or available at all; or
the information on this website is complete, true, accurate, or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial, or medical matter, you should consult an appropriate professional.

Limitations of liability

Paper Boat Creative’s will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

to the extent that the website is provided free-of-charge, for any direct loss;
for any indirect, special or consequential loss; or
for any business losses, loss of revenue, income, profits, or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Paper Boat Creative’s has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Paper Boat Creative’s liability in respect of any:

death or personal injury caused by Paper Boat Creative’s negligence;
fraud or fraudulent misrepresentation on the part of Paper Boat Creative’s; or
matter which it would be illegal or unlawful for Paper Boat Creative’s to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Other parties

You accept that, as a limited liability entity, Paper Boat Creative’s has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Paper Boat Creative’s officers or employees in respect of any losses you suffer in connection with the website.

You agree that the limitations of warranties and liability set out in this website disclaimer will protect Paper Boat Creative’s officers, employees, agents, subsidiaries, successors, assigns, and sub-contractors as well as Paper Boat Creative’s.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify Paper Boat Creative’s and undertake to keep Paper Boat Creative’s indemnified against any losses, damages, costs, liabilities, and expenses (including without limitation legal expenses and any amounts paid by Paper Boat Creative’s to a third party in settlement of a claim or dispute on the advice of Paper Boat Creative’s legal advisers) incurred or suffered by Paper Boat Creative’s arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to other rights under these terms and conditions, if you breach these terms and conditions in any way, Paper Boat Creative’s may take such action as Paper Boat Creative’s deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your Internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

Paper Boat Creative’s may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

Paper Boat Creative’s may transfer, sub-contract or otherwise deal with Paper Boat Creative’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions constitute the entire agreement between you and Paper Boat Creative’s in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with laws of the Republic of the Philippines, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Manila, Philippines.

Returns

If payment has been received by the client, but the client has decided to cancel the job order, you may get a full refund of your payment. Please note that any bank loss incurred such as credit card payment fees, bank transfer fees, and currency exchange fees, shall be applied prior to the refund of any remaining amount.

In most cases, our work starts within 2 hours from the moment the payment is made. If work begins on any particular project, there can no longer be any refund or return of the funds as the service has already been rendered.

If photo edits are underway, we can no longer return any payment. You will receive the edited digital files that you requested.

Refund

Paper Boat works on a no-refund policy. The moment payment has been made for a job order, there can no longer be a refund.

The only exception will be if it’s a Management decision whereby the work requested has been:
a. forgotten or neglected for more than 7 days
b. edited in a grossly incorrect manner, which is a clear indication that instructions were not followed

In such cases, there will be an investigation of the order prior to the deliberation on a partial or full refund.

Please note that any bank loss incurred such as credit card payment fees, bank transfer fees, and currency exchange fees, shall be applied prior to the refund of any remaining amount.

Terms for PrePaid Packages

We kindly request full payment prior to project start.

Client must cover all fees in relation to bank transfer and currency conversion.

**We also accept payment through Credit Card payment through our Payoneer Gateway service, a link can be provided upon request**

For Bank Transfers within the USA, Payments must be made from registered businesses only; payments from individuals (non-companies) will be declined.

Kindly settle all bank fees of the recipient and receiver, separate from the invoice fee, as well as any currency conversion incurred. We accept payment in US Dollars (USD $) only.

Payment Terms

We request a minimum of 50% downpayment payment at least 1 week prior to start of photo retouching.

A signed and approved Quotation must also be submitted by an authorised representative from the requesting party.

We request the remainder payment to be given prior to the release of the digital files.

A contract of quotation agreement, and work engagement issued by us, must be signed at least 1 week prior to the start of retouching. The signed letter of engagement must be verified by our legal team prior to the start of retouching.

Client has 15 days to settle payment of the remainder of the balance before it’s considered overdue. Overdue payments will incur an interest of 3% per week, unless otherwise agreed on in writing by all parties involved.